Common use of Solicitation of Holders of Notes Clause in Contracts

Solicitation of Holders of Notes. (a) The Company will provide each holder of a Note with sufficient information, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision with respect to any proposed amendment, waiver or consent in respect of any of the provisions hereof, any Supplement or of the Notes or any Subsidiary Guaranty. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to this Section 17 or any Subsidiary Guaranty to each holder of a Note promptly following the date on which it is executed and delivered by, or receives the consent or approval of, the requisite holders of Notes. (b) The Company will not directly or indirectly pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security or provide other credit support, to any holder of a Note as consideration for or as an inducement to the entering into by such holder of any waiver or amendment of any of the terms and provisions hereof, any Supplement or of any Subsidiary Guaranty or any Note unless such remuneration is concurrently paid, or security is concurrently granted or other credit support concurrently provided, on the same terms, ratably to each holder of a Note even if such holder did not consent to such waiver or amendment. (c) Any consent given pursuant to this Section 17 or any Subsidiary Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) the Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with the Company and/or any of its Affiliates (either pursuant to a waiver under Section 17.1(a)(iii) or subsequent to Section 8.5 having been amended pursuant to Section 17.1(a)(iii)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Solicitation of Holders of Notes. (a) The Company will provide each holder of a Note with sufficient informationnot solicit, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision request or negotiate for or with respect to any proposed amendment, waiver or consent in respect amendment of any of the provisions hereof, any Supplement of this Agreement or the Notes unless each record holder of the Notes and each record holder of May 1995 Series Notes and April 1994 Series Notes (irrespective of the amount of Notes or any Subsidiary GuarantyMay 1995 Series Notes or April 1994 Series Notes then owned by it) shall concurrently be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will deliver executed Executed or true and correct copies of each amendment, any waiver or consent effected pursuant to the provisions of this Section 17 or any Subsidiary Guaranty 9 shall be delivered by the Company to each holder of a Note promptly outstanding Notes and each holder of May 1995 Series Notes and April 1994 Series Notes forthwith following the date on which it is executed the same shall have become effective in accordance with the terms thereof and delivered by, or receives the consent or approval of, the requisite holders of Notes. (b) this Section 9. The Company will not not, directly or indirectly indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security or provide other credit support, to any holder of a Note Notes or any holder of May 1995 Series Notes or April 1994 Series Notes as consideration for or as an inducement to the entering into by such any holder of Notes or any holder of May 1995 Series Notes or April 1994 Series Notes of any waiver or amendment of any of the terms and provisions hereof, any Supplement or of any Subsidiary Guaranty or any Note this Agreement unless such remuneration is concurrently paid, or security is concurrently granted or other credit support concurrently provided, on the same terms, ratably to each holder the holders of a Note even if such holder did not consent to such waiver or amendment. (c) all Notes, May 1995 Series Notes and April 1994 Series Notes then outstanding. Any consent given made pursuant to this Section 17 or any Subsidiary Guaranty 9 by a holder of a Note Notes that has transferred or has agreed to transfer its Note Notes to (i) the Company, (ii) any Subsidiary Company or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, has agreed to provide such other Person acquiring, making written consent as a tender offer for or merging with the Company and/or any of its Affiliates (either pursuant condition to a waiver under Section 17.1(a)(iii) or subsequent to Section 8.5 having been amended pursuant to Section 17.1(a)(iii)), in each case in connection with such consent, transfer shall be void and of no force or and effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes and holders of May 1995 Series Notes and April 1994 Series Notes that were acquired under the same or similar conditions) shall be void and of no force and effect, retroactive to the date such amendment or effect waiver initially took or takes effect, except solely as to such holder.

Solicitation of Holders of Notes. (a) The Company will provide each holder of a Note with sufficient informationnot solicit, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision request or negotiate for or with respect to any proposed amendment, waiver or consent in respect amendment of any of the provisions hereof, any Supplement of this Agreement or the Notes unless each record holder of the Notes and each record holder of May 1995 Series Notes and October 1994 Series Notes (irrespective of the amount of Notes or any Subsidiary GuarantyMay 1995 Series Notes or October 1994 Series Notes then owned by it) shall concurrently be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will deliver executed Executed or true and correct copies of each amendment, any waiver or consent effected pursuant to the provisions of this Section 17 or any Subsidiary Guaranty 9 shall be delivered by the Company to each holder of a Note promptly outstanding Notes and each holder of May 1995 Series Notes and October 1994 Series Notes forthwith following the date on which it is executed the same shall have become effective in accordance with the terms thereof and delivered by, or receives the consent or approval of, the requisite holders of Notes. (b) this Section 9. The Company will not not, directly or indirectly indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security or provide other credit support, to any holder of a Note Notes or any holder of May 1995 Series Notes or October 1994 Series Notes as consideration for or as an inducement to the entering into by such any holder of Notes or any holder of May 1995 Series Notes or October 1994 Series Notes of any waiver or amendment of any of the terms and provisions hereof, any Supplement or of any Subsidiary Guaranty or any Note this Agreement unless such remuneration is concurrently paid, or security is concurrently granted or other credit support concurrently provided, on the same terms, ratably to each holder the holders of a Note even if such holder did not consent to such waiver or amendment. (c) all Notes, May 1995 Series Notes and October 1994 Series Notes then outstanding. Any consent given made pursuant to this Section 17 or any Subsidiary Guaranty 9 by a holder of a Note Notes that has transferred or has agreed to transfer its Note Notes to (i) the Company, (ii) any Subsidiary Company or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, has agreed to provide such other Person acquiring, making written consent as a tender offer for or merging with the Company and/or any of its Affiliates (either pursuant condition to a waiver under Section 17.1(a)(iii) or subsequent to Section 8.5 having been amended pursuant to Section 17.1(a)(iii)), in each case in connection with such consent, transfer shall be void and of no force or and effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes and holders of May 1995 Series Notes and October 1994 Series Notes that were acquired under the same or similar conditions) shall be void and of no force and effect, retroactive to the date such amendment or effect waiver initially took or takes effect, except solely as to such holder.